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        PRIOR PRINTER'S NO. 569                        PRINTER'S NO. 938

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 507 Session of 1989


        INTRODUCED BY HALUSKA, FEE, ITKIN, GODSHALL, CAPPABIANCA,
           KOSINSKI, TRELLO, GRUPPO, TIGUE, CORRIGAN, DALEY, MELIO,
           STISH, COLAIZZO, HARPER, NAHILL, DISTLER, JOHNSON,
           YANDRISEVITS, LEVDANSKY, BELARDI, JOSEPHS, MERRY, MAIALE,
           McVERRY, STABACK, HERMAN, GLADECK, PETRONE, FREEMAN,
           O'DONNELL, COY, VAN HORNE, RIEGER, BURNS, VROON, OLIVER,
           KENNEY, EVANS, BATTISTO, COLAFELLA, LESCOVITZ, LANGTRY, FOX,
           PRESTON, COWELL, KAISER AND SCRIMENTI, FEBRUARY 15, 1989

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 3, 1989

                                     AN ACT

     1  Concerning the fluoridation of public water.

     2     The General Assembly of the Commonwealth of Pennsylvania
     3  hereby enacts as follows:
     4  Section 1.  Short title.
     5     This act shall be known and may be cited as the Fluoridation
     6  Act.
     7  Section 2.  Purpose.
     8     It is the purpose of this act to prevent dental disease as a
     9  health care cost-containment measure.
    10  Section 3.  Fluoride content of water.
    11     Whenever the fluoride content of water served by public water
    12  suppliers to 250 domestic water connections or more is less than
    13  eight-tenths of a milligram per liter of fluoride, the person,
    14  association, firm, corporation, authority or municipality having

     1  jurisdiction over the supply shall add a measured amount of
     2  fluoride to the water so as to maintain a fluoride content of
     3  between eight-tenths of a milligram per liter and one and two-
     4  tenths milligrams per liter, in accord with regulations adopted
     5  by the Department of Environmental Resources in consultation
     6  with the Department of Health, and recommended levels as
     7  established by the United States Public Health Service and the
     8  Environmental Protection Agency, such adjustment of fluoride to
     9  start within one year after the effective date of this act.
    10  Section 4.  Enforcement.
    11     The Department of Environmental Resources shall enforce this
    12  act. SUCH ENFORCEMENT SHALL INCLUDE THE FOLLOWING:                <--
    13         (1)  THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL
    14     ANNUALLY INSPECT EACH PUBLIC WATER SUPPLIER AFFECTED BY THIS
    15     ACT TO DETERMINE COMPLIANCE WITH THE ACT AND FORWARD A COPY
    16     OF A REPORT ON THE SAME TO THE MUNICIPALITY IN WHICH THE
    17     WATER SUPPLIER IS LOCATED.
    18         (2)  THE DEPARTMENT OF ENVIRONMENTAL RESOURCES SHALL
    19     ANNUALLY PREPARE AND SUBMIT TO THE GENERAL ASSEMBLY A
    20     COMPREHENSIVE REPORT ON THE NUMBER OF WATER SYSTEMS IN
    21     PENNSYLVANIA AFFECTED BY THE PROVISIONS OF THIS ACT,
    22     INCLUDING CUSTOMERS SERVED, AND ANY PROBLEMS ARISING OUT OF
    23     THE IMPLEMENTATION OF THIS ACT.
    24  SECTION 5.  IMMUNITY.
    25     NO PUBLIC WATER SUPPLIER SHALL BE LIABLE FOR ANY CIVIL
    26  DAMAGES AS A RESULT OF ANY ACT OR OMISSION RELATING SOLELY TO
    27  THE GOOD FAITH PERFORMANCE OF HIS DUTIES UNDER THIS ACT.
    28  Section 5 6.  Effective date.                                     <--
    29     This act shall take effect in six months.

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